Land council
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Land council

Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians (both Aboriginal Australians and Torres Strait Islander people) who occupied their particular region before the arrival of European settlers. They have historically advocated for recognition of traditional land rights, and also for the rights of Indigenous people in other areas such as equal wages and adequate housing. Land councils are self-supporting, and not funded by state or federal taxes.

The first land councils were created in the Northern Territory under the Aboriginal Land Rights Act 1976, with the states later creating their own legislation and system of land councils. Aboriginal land trusts (ALTs) were also set up under the Act, which hold the freehold title to the land granted under the Act. There are 151 Aboriginal land trusts, holding nearly 50 percent of the land in the NT, which is administered by one of four land councils in the Territory, depending on location. Land councils must ensure that they act on the advice and with the consent of the traditional owners; control over Aboriginal-owned land thus lies with the traditional owners, represented by the land council.

Each state has a different system relating to Aboriginal-owned land, with the representative bodies given varying names. In New South Wales, there is also a network of local Aboriginal land councils (LALCs), which form a network of organisations close to their communities and support the larger land council, but these bodies do not administer land owned freehold by Aboriginal people.

The Aboriginal Land Rights Act 1976, a piece of federal government legislation, was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, legislating the concept of inalienable freehold title, and thus the first of all Aboriginal land rights legislation in Australia. Title to the freehold land thus granted is held by Aboriginal land trusts, also created by the Act. While it applied only to the Northern Territory, this law provided the basis on which Aboriginal peoples could claim land rights based on traditional occupation, and it set a precedent which was followed by the other states.

The Land Rights Act also created Aboriginal land trusts (ALTs), which hold the freehold title to the land granted under the Act. Land councils must ensure that they act on the advice and with the consent of the traditional owners; control over Aboriginal-owned land thus lies with the traditional owners, represented by the land councils.

The various state laws "effectively confer collective title to or for the benefit of traditional owners", with rights that frequently enable the pursuit of economic development opportunities for the traditional owners. Land councils are not the same as Registered Native Title Body Corporates (RNTBCs), which are funded by the federal government. Native title in Australia includes rights and interests that relate to land and waters held by Indigenous people under traditional laws and customs, recognised by the common law in accordance with the Native Title Act 1993 (Cth). These bodies (also known as Prescribed Bodies Corporate or PBCs), hold, manage and protect native title on behalf of traditional owners, but do not own land.

The states' land councils (or equivalents) also have responsibilities under the [federal] Native Title Act. Land councils are not funded by state or federal taxes, but finance themselves.

The Aboriginal Land Rights Act 1976 created the Central Land Council and the Northern Land Council in the Northern Territory; two others (Tiwi Land Council and Anindilyakwa Land Council) were created later. It also created 151 Aboriginal land trusts, holding nearly 50 percent of the land in the NT, which is administered by one of four land councils, depending on location. Under the Act, traditional owners hold decision-making powers over the use of Aboriginal land. Land Councils assist traditional owners to acquire and manage their land. Royalty equivalents for mining activity on Aboriginal land in the Northern Territory are paid to the Aboriginals Benefit Account, administered by the federal government.

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